R & D Film 1, LLC v. Does 1-45

Filing
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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R&D FILM 1, LLC,
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Plaintiff,
Case No. C13-0051JLR-RSL
v.
ORDER GRANTING LEAVE FOR
PRELIMINARY DISCOVERY
DOES 1 - 45,
Defendants.
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This matter comes before the Court on plaintiff’s “Motion for Leave to
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Take Discovery Prior to Rule 26(f) Conference.” Dkt. # 5. Because plaintiff cannot
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identify the Doe defendants without taking discovery from internet service providers
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regarding each defendant’s IP address, plaintiff’s motion is GRANTED.
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Plaintiff may initiate discovery, including the issuance of subpoenas under
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Fed. R. Civ. P. 45, on internet service providers seeking information sufficient to identify
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each Doe defendant, including his or her name, address, email address, and Media Access
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Control address. An internet service provider (“ISP”) served with a subpoena authorized
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by this Order shall give written notice, which includes email notice, and a copy of the
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subpoena to any affected subscriber(s) as soon as possible after service of the subpoena.
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The ISP and/or any affected subscriber(s) shall have thirty (30) days from the date of
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ORDER GRANTING LEAVE FOR
PRELIMINARY DISCOVERY - 1
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service of the subpoena on the ISP to object to the subpoena pursuant to Fed. R. Civ. P.
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45(c)(2)(B). The ISP shall not disclose defendants’ identifying information during the
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30-day period or if a timely objection is served unless and until the Court orders it to do
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so. If an objection is served, the ISP shall preserve any material responsive to the
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subpoena for a period of six months in order to allow plaintiff to move for an order
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compelling production under Fed. R. Civ. P. 45(c)(2)(B)(i). If no objection is served, the
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ISP shall comply with the subpoena within ten (10) days.
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Plaintiff shall provide a copy of this Order with each subpoena issued
pursuant thereto.
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Dated this 14th day of February, 2013.
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A
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Robert S. Lasnik
United States District Judge
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ORDER GRANTING LEAVE FOR
PRELIMINARY DISCOVERY - 2

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